Barb Dunnam
Junior Member
What is the name of your state? Arkansas
I recieved a letter on April 9th dated April 7th. It stated that I was in violation of a city ordinance regarding dumping of fecal matter. It stated that my property was in non compliance. It said I had five days to repair or they would repair and place a lein or they would fine me.
When I could not find a leak I called the building official who issued the unsigned letter. He stated it was not on my property but about 650 feet from my house on another property. To get to to this property the line left my property and crossed a city street. He was not sure if it was my line but if I did not fix it he would place a lein. He then stated he did a smoke test and it came back to my house. (There is no evidence of any smoke test on my property)
I consulted an attorney who said to do nothing. There was no proof it was my issue. I do not have any sewer easements in my deed.
They turned off my water on Friday afternoon. I called the attorney back and he responded that the water would be back on. It never came on. I spoke to two members of city council and one stated it would be back on in an hour. It never was turned on and after 2.5 hours at 2230 hours I had a locksmith cut the lock from the water line.
A Public Works employee arrived on Saturday morning. Found the lock off and asked what happened to it. We told him and attempted to give it to him.
He called the Police. A report was taken and Criminal Mischief charges were threatened. The city took my water meter and said if we used the water we would be charged with stealing water.
The head of Public Works stated he did not know if it was my line leaking or my neighbor but our neighbor who does not reside in the home. said to turn off the water so he did.
What are our rights and remedies? Will my homeowners insurance be ofd any use to me? What about title insurance if we do not have an easement to the sewer line?
Thank you
I recieved a letter on April 9th dated April 7th. It stated that I was in violation of a city ordinance regarding dumping of fecal matter. It stated that my property was in non compliance. It said I had five days to repair or they would repair and place a lein or they would fine me.
When I could not find a leak I called the building official who issued the unsigned letter. He stated it was not on my property but about 650 feet from my house on another property. To get to to this property the line left my property and crossed a city street. He was not sure if it was my line but if I did not fix it he would place a lein. He then stated he did a smoke test and it came back to my house. (There is no evidence of any smoke test on my property)
I consulted an attorney who said to do nothing. There was no proof it was my issue. I do not have any sewer easements in my deed.
They turned off my water on Friday afternoon. I called the attorney back and he responded that the water would be back on. It never came on. I spoke to two members of city council and one stated it would be back on in an hour. It never was turned on and after 2.5 hours at 2230 hours I had a locksmith cut the lock from the water line.
A Public Works employee arrived on Saturday morning. Found the lock off and asked what happened to it. We told him and attempted to give it to him.
He called the Police. A report was taken and Criminal Mischief charges were threatened. The city took my water meter and said if we used the water we would be charged with stealing water.
The head of Public Works stated he did not know if it was my line leaking or my neighbor but our neighbor who does not reside in the home. said to turn off the water so he did.
What are our rights and remedies? Will my homeowners insurance be ofd any use to me? What about title insurance if we do not have an easement to the sewer line?
Thank you
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